Holmes v. Carroll Air Systems, Inc.
Holmes v. Carroll Air Systems, Inc.
Opinion of the Court
Appellants appeal from summary judgments entered against them and in favor of appellees.
Appellants sued appellees for the wrongful death of Joan Lukas and for personal injuries suffered by her daughter, Deborah Holmes, in an automobile accident involving Holmes and Lukas and John C. Mills, an employee of appellee Carroll Air Systems, Inc., (Carroll Air) and a member of appellee, The American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., (ASHRAE). It appears that, while an employee of Carroll Air, Mills attended a dinner meeting of ASHRAE. After the dinner many of the persons attending repaired to a cocktail lounge in the same hotel and partook of additional drinks. Around midnight the party broke up and Mills headed directly home in his car. An accident occurred on the way when he ran into the Holmes car that was stopped at a red light. In due course, appellants filed this suit, contending that Mills was in the course and scope of his employment with Carroll Air at the time of the accident. His membership in ASHRAE is the basis for the joinder of ASHRAE as a defendant.
Without detailing all of the evidence appearing in the record, we believe the summary judgment in favor of ASHRAE is fully supported. However, we are equally
Case-law data current through December 31, 2025. Source: CourtListener bulk data.